McDonald v. Astrue

Filing 18

ORDER parties may submit short supplemental memoranda addressing solely logistics of payment of fees previously agreed upon, re 14 MOTION for Attorney Fees, 15 Memorandum in Support of Motion (Responses due by 10/13/2010). Signed by District Judge Martin Reidinger on 10/5/10. (nll)

McDonald v. Astrue

Doc. 18

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA B R Y S O N CITY DIVISION C IV IL CASE NO. 2:09cv027

R IC K E Y MCDONALD,

) ) P l a i n t if f , ) ) vs . ) ) M IC H AE L J. ASTRUE, ) C o m m is s io n e r of Social Security, ) ) D e fen d a n t. ) ) _______________________________ )

ORDER

TH IS MATTER is before the Court on the Plaintiff's Motion for A tto rn e y's Fees Under the Equal Access to Justice Act and the Social S e c u rity Act. [Doc. 14]. P la in tiff's Motion was filed on February 15, 2010. Its conclusion in c lu d e s the following: "A s EAJA fees are generally paid by direct deposit to counsel's bank a c c o u n t, the Court is requested to direct that fees be paid to counsel for P la in tiff by direct deposit." [Doc 15 at 4].

Dockets.Justia.com

A fte r the motion was filed, the United States Supreme Court issued its ruling in Astrue v. Ratliff, 560 S.Ct.--, 2010 WL 2346547 (June 14, 2 0 1 0 ). The Court understands this case could be construed as to prevent it from granting Plaintiff's request, as it requires payment directly to the P la in tiff. The Court understands that the Social Security Administration m a y have altered the processes to which Plaintiff refers. The Court invites the parties to submit short supplemental m e m o ra n d a addressing the logistics of payment of the requested fees in lig h t of this new ruling. IT IS THEREFORE ORDERED that on or before seven (7) days after th e entry of this Order, the parties may submit short supplemental m e m o ra n d a , not to exceed three (3) pages, addressing solely the logistics o f payment of the fees they have previously agreed upon. IT IS SO ORDERED.
Signed: October 5, 2010

2